FR.GEORGE NELLUVELIL Vs. STATE OF KERALA

JUDGEMENT

(1.) QUESTION involved is as to whether the private educational institutions are liable to be charged under LT VIIA tariff in distinction with other educational institutions which are charged under LT VIA tariff. The issue stands settled in favour of the petitioner as per a Division Bench decision of this court in Bro.Joseph Antony V. K.S.E.B. (2009 (3) KLT 1022). It is pointed out that, Special Leave Petitions filed by the KSEB against the said decision is pending before the hon'ble Supreme Court and the operation of the judgment stands stayed.

(2.) UNLESS the legal position is reversed, this court is bound to follow the decision cited above, in view of the ruling of the Division Bench in Abdu Rehiman V. District Collector, Malappuram (2009 (4) KLT 485).

(3.) UNDER the above mentioned circumstances, this writ petition is disposed of by directing the respondents to keep in abeyance recovery of any arrears due to the difference in tariff till the matter is decided by the hon'ble Supreme court. However, it is made clear that the respondents will be free to charge the petitioner under LT VIIA tariff with respect to the continued consumption of energy.